Mazzucco v. Atlas Welding & Boiler Repair, Inc.

Having accepted workers’ compensation benefits from defendant Regency East Apartments Corp., plaintiff is precluded from maintaining an action on the ground that he was actually employed by the building’s managing agent (see Zabava v 178 E. 78, 212 AD2d 406). Contrary to plaintiffs contention that the Workers’ Compensation Board never made a definitive de*514termination as to his employer’s identity, a finding that defendant was plaintiffs employer at the time of the accident is implicit in the determination authorizing the payment of benefits (see Workers’ Compensation Law §§ 2, 3, 10). “The…